TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 90

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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UNDERLINED)

5. ON AND AFTER 1ST JULY 1997 THE BRITISH NATIONALITY ACT 1981

OPEN SQUARE BRACKETS FOOTNOTE (A) 1981 C.61. CLOSE SQUARE

BRACKETS SHALL HAVE EFFECT AS IF IN SCHEDULE 6 TO THAT ACT

(BRITISH DEFENDENT TERRITORIES) THE WORDS 'HONG KONG' WERE

OMITTED.

PROVISIONS FOR REDUCING STATELESSNESS (HEADING UNDERLINED)

6.-(1) WHERE A PERSON CEASES ON 1ST JULY 1997 BY VIRTUE OF

ARTICLE 3 TO BE A BRITISH DEPENDENT TERRITORIES CITIZEN AND

WOULD, BUT FOR THIS PARAGRAPH, THEREBY BE RENDERED STATELESS, HE

SHALL BECOME ON THAT DATE A BRITISH OVERSEAS CITIZEN.

(2) WHERE A PERSON BORN ON OR AFTER 1ST JULY 1997 WOULD, BUT

FOR THIS PARAGRAPH, BE BORN STATELESS, THEN, IF AT THE TIME OF

THE BIRTH HIS FATHER OR MOTHER IS A BRITISH NATIONAL (OVERSEAS)

OR A BRITISH OVERSEAS CITIZEN BY VIRTUE OF PARAGRAPH (1) ABOVE,

HE SHALL BE A BRITISH OVERSEAS CITIZEN.

(3) A PERSON BORN STATELESS ON OR AFTER 1ST JULY 1997 OUTSIDE THE DEPENDENT TERRITORIES SHALL BE ENTITLED, ON AN APPLICATION

FOR HIS REGISTRATION AS A BRITISH OVERSEAS CITIZEN MADE WITHIN

THE PERIOD OF TWELVE MONTHS FROM THE DATE OF THE BIRTH, TO BE

REGISTERED AS SUCH A CITIZEN IF THE REQUIREMENTS SPECIFIED IN

PARAGRAPH (4) BELOW ARE FULFILLED IN THE CASE OF EITHER THAT

PERSON'S FATHER OR HIS MOTHER ('THE PARENT IN QUESTION').

(4) THE REQUIREMENTS REFERRED TO IN PARAGRAPH (3) ABOVE ARE

(A) THAT THE PARENT IN QUESTION WAS A BRITISH OVERSEAS

CITIZEN BY VIRTUE OF PARAGRAPH (2) ABOVE AT THE TIME OF THE

BIRTH: AND

(B) THAT THE FATHER OR MOTHER OF THE PARENT IN QUESTION

WAS, IMMEDIATELY BEFORE 1ST JULY 1997, A BRITISH DEPENDENT

TERRITORIES CITIZEN OTHERWISE THAN BY DESCENT BY VIRTUE OF

HAVING A CONNECTION WITH HONG KONG OR WOULD HAVE BEEN SO BUT FOR

HIS OR HER DEATH.

(5) IF IN THE SPECIAL CIRCUMSTANCES OF ANY PARTICULAR CASE

THE SECRETARY OF STATE THINKS FIT, HE MAY TREAT PARAGRAPH (3)

ABOVE AS IF THE REFERENCE TO TWELVE MONTHS WERE A REFERENCE TO

SIX YEARS.

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